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HomeMy WebLinkAboutMiscellaneousAGENDA ITEM COVER SHEET ITEM.SIIBMITTED BY:' Cathy Locke, City Attorney FOR COIINCIL MEETING. OF: Wednesday, July 2'2, 1992 DIRECTOR APPROVAL E$ECUTIVE'TEAM MEMBER APPROVAL ~~~.-• ITEM: CONSIDERATION OFiAN_ORDINANCE VACATING AND ABANDONING A PORTION OF AN ALLEYWAY LOCATED BEHIND THE COLLEGE HILLS ESTATES SHOPPING VILLAGE IN THE CITY OF 'COLLEGE STATION, TEXAS. ITEM SIIMMARY: Joe'Fontanahas flied an Application for the Abandonment of a portion of the dedicated alleyway that runs be- hind his property n'the College'Hil1s Estate Shopping Village at the corner of Texas Avenue and Walton Drive. FINANCIAL; SIIMMARY NJA .STAFF RECOMMENDATIONS:" Staff has reviewed this Application jEor Abandonment and'has denied the request. for the following reasons: 1. Water and Wastewater state there is asewer line located in the alley. 2. Public Services states that solid :.waste collection service is provided through the alley and if it were .abandoned, the trash .trucks. would have no way to pro- vide trash services to the other property. .owners be•- cause the trucks could not turn around. Currently, the trucks drive through this alley. 3. Lone Star-Gas. stated that there is a gas line located in the alley. Neither Fire nor Police would be negatively affected by the abandonment. CITY ATTORNEY RECOMMENDATIONS There has been an implied dedication of apart of the alley. COIINCIL ACTION DESIRED: Denial SIIPPORTING MATERIALS: 1. Application. for Abandonment 2. Diagram jsla/tontana2 //,~ ,~.yj p~ p ~ (Ff/f ter; ~~~s ~ ~~ V t ' r J` ~v. FIt. ~,,;L....il+~` Nf - ;' it 1. -.. t~-C~ Y..~.. .r 1> as~~ R ti ~ ~~ ~ .~~ l 1 a I I 2 {f~ I `~ ~~ ~~ ~~" CITY OF COIIECE STATl0~9 4 , ~~ .JUN i 5 1992 ~~~ ~~~t~t~ AGENDA ~° __ LEGALt?~FT. CITY OF COLLEGE STATION, TEXAS PROJECT REt~ I EW COMAi I TTEE PRESUBMISSION CONFERENCE 10: 0O A.hf. Wednesday, June 17, 1992 PARKING LOT PLAN - The alive Garden Restaurant to be located in the southwest quadrant of the intersection of Holleman & Texas Avenue Cin the Kapchinski Hi l1 subdivision) [92-413] PARKING LOT PLAN - "Waterstop" water vending station to be located in the Redmond Terrace Shopping Center on the site formerly occupied by the "Short Stop" restaurant [92-412] FINAL PLAT - Kensail Point (Nantucket, E.T.J.) 92-2.09 Consideration of a request to Abandon a Right-of-Way in the College Hills Shopping Center and specifically part of an alley tsbehind..the former "Roekyanna's Pizza"-building which is 3ust north. of "Wings. 'N 'More:" ~. `~~ CITY OF COLLEGE STATIOI`I BUILDING DIVISI©N 1101 Texas Avenue 9960 Post Office Box College Station, Texas .77842-0960 {409) 764-3.741 June 9, 1992 MEMORANDUM ~~ T0: Development Review Team a FROM: Shirley Volk i SUBJECT: Request to abandon a right-of-way The Legal Department has received a request to .abandon a portion of a-right-of-way (alley) behind the former Rockyana's P1zza on Texas Avenue. (See highlighted area on attached plat with structures-drawn in.) Please identify:any concerns or problems with this request. and let me know about them so I can prepare a staff report to give to Legal. We may. be-holding a formal P.R.C. on this -next week, so be-sure to have any conditions for approval or reasons to `deny the request available prior to that time. Thanks ~I L ~i it 'i, ~,'; i ~, l C i ~' ~,,, I', ~,,~ i, ,...%~' ACCOUNT NO. CITY O...F COLLEGE STATION l ~ RECEIVED OF ~ THANK 1 'k~tt'f~?f~e7?i ~ rrWa,{3r~a =ifyr`Y~3rt~ ~. fi+h~§~ata~ho: r~~#a, x'-2`a~?"i r?r~rii~r~: ~e~ir.}~?~a?~i6?sSa~~`~.+z?~c~? iw+a3~~.a;~t?3 *k,z$,~*`T's3{ ?~'s~?k`,3~~t?i`e~*~,~.~krr2d~#'fli.=~E3?~!,S,'~2~'~j _. L r 293597 _ , 19 L`~ Paid by _ Check ~Jt f ~' Cash ;; _ _ l y,'""~ APPLICATION FOR THE ASANDONIVIENT OF A PUBLIC RIGHT-OF-Vi~AY/FiASEN~NT Date• Location of Right-of-Way/Easement to be Abandoned: Pro a Owner's Name & Address ~/ 1~~ ~~~ ~ • ~ " ~ i ~ ~' ~~ P rtY • _. _ U/1/~ d ~d `~c°--~ - ~ off" /'aov /~,kl~-~; ~ ~~~~ Properly Owner's Phone Number: ~~ / J'l° ~~ `-~ ~ ~ TO TIC MAYOR AND CITY COUNCII, OF Tim CIT'Y' OF COLLEGE STATION: The undersigned hereby makes application far the abandonment of that portion of the: above right-of-way particularly described in :Exhibit No. 1, attached. In support of this application, the undersigned- represents and warrants the following:. 1. The undersigned will hold the;City of College Stafion harmless, and indemnify it against all suits, costs, expenses, and damages that may arise or -grow out of such abandonment.. 2. Attached, marked. Exhibit No. 1, are two copies of the metes and bounds description of the right-of--way/easement .sought to be abandoned, prepared by a Registered Public Surveyor. 3. Attached, marked Exhibit No. 2, are two copies of a plat or sketch of that por- tion of the public right-of--way/easement.sought to be abandoned and the sur- rounding area to the nearest streets in all directions, showing ahe .abutting lots and block, and the subdivision in which the above 'described right-of- way/easement is situated, together with the record owners of such lots. 4. Attached, marked Exhibit No. 3, is the consent of all public utilities to the abandonment. 5. Attached, marked. Exhibit No. 4, is the .consent of the City of College Station staff to the abandonment. 6. Attached, marked Exhibit No. 5, is the consent of all the abutting property owners, except the following: (if none, so state) 013192 js/c/forms/abandon' - ~,_ ?. Such public right-of-wayJeasement should be abandoned because: $. Such public right-of-way/easement. has: been and is being used as #ollows: I swear that all. of the information .contained in this application is true and correct to d belief. the best of my l~owledge an ..Applicant's Signature: I, ~j Applicant's Name:. Applicant's Address:- ,' ,~ I Applicant's Phone Number: ',i ~~ STATE OF TEXAS ACKNOWLEDGMENT. ~ COUNTY OF BRAZOS ;!~ ''I Subscribed and sworn to before me, a Notary Public, his day of 19 , by ~'~ °~ 1 Notary Public in and for the .State of Texas j =2- 013192 js/c/foTmsiabandont __ ~,: Application for Abandonment of a Public Right-of-Way/Easement Located: NO. 1 ~ Attached.: are two :copies of the metes and bounds description of a portion of that cer- taro public right-of--way/easement situated in Addifion/Subdivision to -the City of College Station, Brazos' County,. Texas, .sought to be abandoned. i r -3- 013192 js/c/fiorms/abandons ;'-~. i Application for Abandonment.. of a Public. Right-of-Way/Easernent Located. SIT N0.2 Attached are two copies of a plat or sketch of the public right-of-way/easement sought to be abandoned in the above-mentioned application, showing the surrounding area to the .nearest streets in all directions, abutting lots, the block or blocks in which .the portion of the public right-of-way/easement sought to be vacated is situated, and t]:~e addition or subdivision in which the portion of the public right-of--way/easement sought to be abandoned is situated. Also, the names of record owners of the abutting lots are s shown. I _ -4 II 013192 js/c/forms/abandons l .. .. _ _ i i Application for Abandonment. of a Public Right-of-WayJEasement i Located: I EXHIBIT NO.3 The undersigned public utility companies, using or entitled to use, under theterms and provisions of our respective franchises with the. City of College Station, that portion of the public right-of-way/utility easement sought to be abandoned in the Application for Abandonment above referred to, do hereby consent to the abandonment of the ed ortion thereof.. escrib d P LONE: STAR GAS COMPANY ~I BY: Title GENERAL. TELEPHONE COMPANY BY: :Title TCA CABLE COMPANY BY: Title _5_ 013192 js/c/formsiabandonl Application for Abandonment of a Public Right-of-Way/Easement Located: EXH181T N0.4 The undersigned, City staff of the City of College Station, certify. that. they have care- fully considered the Application fob Abandorunent of the public right-of--way/easement. referred to above from the standpoint of City of .College Station ordinances and wtith respect to present and future needs of the City of College Station and see no objection to he requested abandonmen# from the City's standpoint. ity Engineer Building fficial City of College Station City of College .Station. Zoning Official Fire Marshal. City of College Station City of College Station Director of Public Utilities City of College Station -6- 013192 jsJc/forms/abandonl g k- i` .Application for Abandonment of a Public Right-of-Way/Easement Located: ~ SIT NO.B I The. undersigned, owners of property :abutting upon that portion of the public right~of- way/easement named and described in the Application`for.Abandonment of a Public Right-of-Way/Easement referred to above, do`hereby consent to sLCh abandonment. 1 ~ NAME: ~ ADDRESS: NAME: ADDRESS: NAME.:. .ADDRESS: i I' ,~ NAME: ADDRESS::.. i j _y_ 013192 jslc/forms/abandonl AGENDA .ITEM COVER SHEET ITEM SUBMITTED BY: Cathy Locke, City Attorney_ FOR COIINCIL MEETING OF: Thursday, August 13, 1992 DIRECTOR APPROVAL EXECUTIVE TEAM MEMBER APPROVAL ITEM: CONSIDERATION OF AN ORDINANCE VACATING AND ABANDONING A PORTION OF .AN ALLEYWAY LOCATED BEHIND THE COLLEGE HILLS ESTATES SHOPPING VILLAGE IN THE CITY OF COLLEGE STATION, TEXAS. ITEM SIIMMARY: Joe Fontana has filed an Application for the Abandonment of a portion of the dedicated alleyway that runs 'be- hind his property in the College Hills Estate. Shopping .Village at the corner of Texas_Avenue and Walton Drive. This ;application was on the last Council Agenda, but Mr. Fontana was inadvertently advised of the. wrong meeting time and, consequently, was not at the meetingto state his case. 'He has requested that this be placed on the-agenda again so that he can be heard. FINANCIAL SUMMARY: NJA STAFF RECOMMENDATIONS: Staff has ;reviewed this Application for Abandonment and has denied the request, for the following reasons: 1. Water and Wastewater state .there is a sewer line located in the alley. 2. Public Services states that solid waste collection service is provided through.. the alley and if it were abandoned., the trash rucks would have no way topro- videtrash services to the. other. property owners be- cause the .trucks could not..turn around. Currently, the trucks drive hrough this alley.. 3. Lone Star Gas stated that. there is a gas line located in`the al ey: Neither Fire .nor Police would be negatively affected by the aban- donment. CITY ATTORNEY RECOMMENDATION: There has been. an implied dedication of apart of the alley. COUNCIL ACTION DESIRED: Denial SUPPORTING MATERIALS:. 1. Application for Abandonment 2. Diagram js/a/fontana2 ~. _. LEGAL DEPARTMENT FILE NOTE j July 8, 1992 RE: Joe Fontana - A11ey Abandonment { Mr. Fontana called on Monday, July .6th. He wants to take this matter to the Council. I advised him the next Council meeting .would be July 22. What do I do now?, Do I treat it like any other abandonment, except Idon't-circulate the. application? What should I say c>n the cover sheet? `~ Jan :js - YY ~r ~ 'r ~T 0 ~~ ~ ~ ~ c~ ~ ~ Q ~: ~~ ~ ~~ ~ ,~ ~t ~~ ~, ~ ~' 1 ~°' `~. 7' ~ V_ ~ [^~ ;. ~ ' I~V ~~ ~ _ `~ o ~ ~, r 1 ~ A~ " I~~1 `~ js/a/fontana - _ ,' TIOI`i STA GE OF ~t)LL.E CITY `! Post office Box 9960 ll01 Texas Avenue College Station, Texas 77842-0950 {409) 754-3500. June 22, 1992 Mr. Joseph C. Fontana 1216 Munson College Station, TX 7784Q ~' RE: .Request for Alley Abandonment it Dear Mr. Fontana: The City of College Station. Project Review Committee,re- ~! viewed your alley abandonment request. The staff investigation revealed the following: ;i I 1. That the entire alley, including that which is :not shown on the plat, has been dedicated impliedly or .expressly. ' 2. That there is an existing sewer line located in the alley. 3. That solid .waste collection is provided through this ~ alley and that if it were abandoned, the trash trucks would have no way to provide trash services o the other property owners be- cause the trucks could not turn around.. As you are probably !~ aware, the trucks drive.. through.. this alley. 4. Lone Star Gas statedthat there is a gas line located in the alley. i Even though the City'staff will recoatmend denial of your request, you do have the right.:to have it consideredby the City Council. If you so desire, please contact Jan Schwartz at ~ 764-3507, and-she will place. it on the agenda.. l Yours very truly, Ca Locke I' City Attorney CL:jis '~ ~~ it ~I ~'~ js/a/fontana Post Office Box 996fl 1101 Tex College Station, Texas '77842-D960 (409) 764-3507 M E M O R A N D U M TO: Cathy Locke, :City Attorney ~~~ '~ FROM: Roxanne Nemcik, Assistant City Attorney i RE: Abandonment of publcalleyway i J DATE: June 17, 1992 I ~ _This morning at P.R.C. staff discussed the application for aba.n- donment of a public al Byway-in the College Hills Shopping Center submitted by Mr. Joseph 'C. Fontana.- Staff ,did not recommend that the City abandon this alleyway for the. following reasonsz 1. Water and .Wastewater stated that there is a sewer line. located in the alley. 2.- Mark Smith stated what Solid Waste Collection Service is provided through this`aliey and that if it were .abandoned, the trash trucks would have noway to provide trash services to the other property owners because the trucks could not turn around. Currently, the trucks drive through this alley, (See attached. diagram) 3. Lone Star Gas stated that thereis a gas line located in the alley. 4. Neither Fire or Police would be negatively affected by the abandonment. ~ For the foregoing reasons, .staff does .not recommend that .the City abandon this alley. I RN. ~ is js/a/ailey ~,,~ ~''I CITY OF COLLEGE STATIOI`I LEGAL DEPARTMENT as Avenue ~~~- CITY OF COLLEGE STATIOI`I Post Office ]3ox 9960 1101-Texas Avenue College Station, Texas 77842-0960 (409) 7643500 i i I i ~ July 27, 1992 i I y Alfred T. Hornbacks 120 Walton '~ College..Station, TX 77840 Gentlemen- Please be advised that the-;App cation for Abandonment of the alleyway located at 1037-South Texas 'Avenue is being placed on the City..Council Agenda..for Thursday, August 13, 199.2, at 7:00 .rn. The meetn wi11 be held in the Council Chambers in the g P Municipal Building at 1101 Texas Avenue. ~ Ve truly yours, Ja Schwartz gal Assistant .~ls i i jsJa/fontana3 _b `•~ CITY OF COLLEGE STATIOI`I Post Office Box 9960. 110i Texas Avenue College Station, Texas 77842-0960 (409)764-3500` July 29, 1992 Equity Locators 118 Walton Drive College Station, TX 77840 Gentlemen• Please: be advised that the. Application for Abandonment o;E the alleyway located at 1037 South Texas Avenue is being placed on the City-Council Agendafor Thursday, August 13, 1992, at 7:00 1 p.m. The meeting will be held in the Council Chambers in the Municipal Building 'at 1101 Texas Avenue. I Very ruly yours, I J n ,:Schwartz egal Assistant j is j 1 j I -. f 3 js/a/fon#ana3 3 "__ ~•~ CITY OF CQIrirEGE ~TATI~I`I Post Office Box 9960 1101Texas Avenue College Station; Texas ?7$42-0960 {409) 764 3500.. .July 27, 1992. y g h Acme Glass Company 116 Waiton.Drive College Station, TX ,77840 ~~ Gentlemen• ' Please. be advised that the,Applcaton for Abandonment of the alleyway located at 1037 South Texas Avenue is being placed on the City. Council .Agenda for Thursday,:>August ].3, 1992, at 7:00 p.m. The ,.meeting will. be held in the Council Chambers. in the Municipal ..Building at 1101. Texas Avenue. Very truly yours,. '~ u ~: J Schwartz gal Assistant . j is ,ill i ~;i ~I I ~I~ 'I 'I !~ i ~! ~'. js/a/fontana3 ~r ~` Ci1^Y OF COLLEGE STATIOI`I ~I `Post Office Box 9960 1101 Texas Avenue College Station, Texas 77$42-0960 {409) 764-3500 .July 27,.1992 Wilson.Piumbing Company 106 Walton. Drive College. Station, TX 77840 Gentlemenz j Please-be advised that the Application for Abandonment o:E the alleyway located at 1037 South Texas Avenue is being placed on the City Council Agenda for Thursday, August. 13, .1992, at '7:00 ~ p.m. The meeting will be held in the Council Chambers in the Municpai,Building at 11:01 Texas Avenue. .Very truly ours, Ja Schwartz egal Assistant :jis i js/a/fontana3 ~. • i01`I TAT S GE LSE `~ ...CITY OF CO Post Office Box 9960 1101 Texas Avenue CoIlege Station, Texas 77842-0960 (409}7643500 July 27, 1992 Dr. Robert White 122 Walton Drive College Station, TX'77$40 ~ Dear Dr. White:. Pleases be advised that...the Application for Abandonment of the alleyway. located at 1037 South Texas Avenue is being placed on the City Council-_Agenda for Thursday, August 13, 1992, at.7.:00 p.m. The meeting will be .held in the Council Chambers in the Municipal Building at 1101 Texas.: Avenue. Very. truly ours, k Ja Schwartz gal Assistant. ~I :jls jsla/fontana3 ~} ~` `•s CITY QF COLLEGE STATIOI~I Post Office Box 9960 1101 Texas Avenue College Station, Texas 77842-0960 {409) 764-3500 , July 27, 1992 Wings n' More. ` 1045 Texas .Avenue South.. College. Station, TX 77840 ~I' Gentlemen: it Please be advised that the Application for Abandonment of the alleyway located at 1037. South Texas Avenue is being placed on the`Cite Council Agenda .for Thursday, August 13, 1992, at 7:00 Y p.m. The meeting will be held in the Council Chambers in the Municipal Building at 1101 Texas Avenue.. Very truly ours, Ja Schwartz_ gai Assistant :jls i I 1 js/a/fontana3 I ~. '~~ ~•o CITY OF COLLEGE STATIOI`I PostOffice Box 9960 1101 Texas Avenue College Station, Texas T7842-0960 {409j 764-3500 July..16, 1992 Mr. Joseph C. Fontana 1216 Munson College Station., TX 77840 .Dear Mr. Fontana: ~ Your Application for Abandonment of the alleyway located. at 1037 South Texas .Avenue has been placed on the City Counci7L Agenda for Wednesday, Ju y 22, 1992, at 7:00 p.m. The meeting ~ will be held in the City.Council Chambers in .the :Municipal 3' Building. at 1101 Texas Avenue. Ve truly y urs, Jan Schwartz L al Assistant 3 ~~ :,j s f js/a/fontan a 3 ~~r CITY OF COLLEGE STATIOI`I LEGAL DEPARTMENT Post Office Box 99bD 1101-Texas Avenue ...College Station, Texas 7.7842-09bD (409) 764-3507 MEM_ORANDUI"j TO: Mark .Smith, Assistant Director, Public Services Bill Riley, Superintendent, Water & Wastewater Div. FROM:. Cathy Locke, City Attorney RE: Abandonment of Alley. at 1037 South Texas Avenue DATE: July 16, 1992 i Joseph Fontana's Application for Abandonment of the alleyway. located at 1037 South Texas Avenue (College Hills Estates Shopping Village) is on the Council Agenda at'7:00:on Wednesday, ~, July 22nd. At the PRC..meeting on June 17th,-when :.this matter was discussed, you or someone from your department expressed ~'; oppositon to this abandonment. Please be ure that 'someone from your department is present at the Council meeting and prepared to ~I present your objections to this abandonment. I have attached a copy of the Application for .'your review. I' ~ CL: j is Attachment. ~', ~; 0 ~~ r II ,, (~ (~'I I~' ~! js/a~fonfan2 `~: ,' APPLYCATIOH FOR THE QACATION OF _ A: PUBLIC ALLEY IH TIIE CITY OF COLLEGE STATION LOCATED AT 1032 .:South. Texas Avenue, College Station, Texas, DATE: June 3, 1992 TO THE HAYOR AND CITY COIINCIL OF TfiE CITY OF COLLEGE STATION: The undersigned hereby make application for the vacation of that portion of the above alley particularly described in Exhibit No. ~, attached. In'support of thin. application, the undersigned represent and warrant the folloxing`:' 1: The undersigned will hold the City of College Statio`ii harmless, and indemnify it against all suits, :costs, expenses, ;and damages that may arise or grow out of such ~~acation. ~ 2 Attached, marked Exhib'.t No. t, is a ,legal description of the "- alley", to ~e vacated, ~srepared by a Registered Public Surveyor. 3.: Attached, marked Exhibit No'. 2, is 'a plat. or sketch of that. . portion of the alley to be vacated .and the surrounding area to the nearest streets `in all directions, showing the abutting lots 'and block, and the subdivision in which the above described alley is i uated, together with the record owners of such lots; ~1. Attached, marked Exhibit No. 3, is the consent of all public .utilities-to:the vacation; 5.. Attached, marked Exhibit No. ~t, is the ec: nsent of all the abutting property owners, except .the following: (if none, so .state) 6. Such alley should be vacated because: There are no utilities in the alley and traffic is using. the alley o; respass an e a_ ~a~:en~proper~y. 7. Such alley k:as ,een and' is being used' as follows: The alley has not been used in --- tine past - - a.nd is not .being used now except by traffic as a short c~~t across private property to Texas Ave. 2 swear that all of the informatio:a conta ne d in this application is trine and correct to the best of, my kn~~criedgc, and belief. r'1 ~ ~ ~ -T~----__.. pli ant`s Sig~attxre /~~ ~~y C. S. ~ 7~0 ~ ~ b96-- b~o7~ itn ss . ,~, -~ ~, .~ , ~ ~~ J~ Application to Vacate Public Alley f~Q-fIBIT N0. 1 Beingthat portion of that certain public alley situated .in College Hills Shopping Village Addition to he City of College Station,-Brazos :County. Texas, and being more particularly described as follows:. See attached description prepared by.Martin. L. Riley, Jr., ~ R.P.L.S. No. 489. I I . .. ,. 3 f 4 y a 3 1 ,,. r ~•I CITY OF COLLEGE STATIOI`l LEGAL DEPARTMENT Post Of#ice Box 9960 1101 Texas Avenue College Station, Texas 77842-0960 (409)764-3507 M-E M O R A N D II M TO: Mark Smith, Assistant Director, Public Services. Bill Riley,... Superntendent,.Water & Wastewater.Div.. FROM: Cathy Locke, .City Attorney RE: -Abandonment of Alley, at 1037 South. Texas Avenue DATE: July 27, 1992 Joseph Fontana's Application for Abandonment of the alleyway .located at 1037"South Texas .Avenue ,(.College Hi11s Estates Shopping Village) will be placed on the next Council Agenda, Thursday, August 13,"19.92, at 7:00 p.m. to allow,Mr. Fontana an .opportunity `to speak to the Council. At the PRC meeting on June 17th, when this matter was discussed, you or someone from your department expressed opposit.ion to tYiis abandonment. - Please be sure that someone from your department is present at the Council meeting and prepared to present your objections to this. abandonment. I have attached a copy of the Application for your review. CL:jls Attachment js/a/fontan2 ` . ~ - ~) ;_ APPLYCdTZOH POR TI3E VACATION OF ~~: PUBLIC ALLEY TN TEIE CZTY OF COLLEGE STATION LOCATED AT 1037 South Texas Avenue, College station, Texa D1TE. .June 3, 3992 E ~ TO THg HAYOR AND CITY COIINCIL OF THB CITZ OF COLLEGE STATION: The undersigned hereby make application for the vacation of that I ~ portion of the above alley particularly described in Exhibit No. ~,~'attached~. In.support of this application, the undersigned - represent and warrant the following: ._ - ~I The undersigned will hold the City of College Statioilharmless, ~aud indemnify it against all suits, costs,-expenses,_and damages such vacation. .that'-may arise .or grow out' of 2; Attached, marked Exhib,a No. 1, is a legal description of the ~~-~-alley~, to ~e vacated, j~repared by a Registered Public Surveyor. I~- 3.. Attached, marked Exhit,t No. 2, is a plat,or sketch of that ~~ portion of the alley to be vacated and the ~_ surrounding area to the nearest streets in all directions, shooing ' the abutting Lots and block, and the subdivision in which the above - described. alley i situated, "together with the record owners of such lots; = $. Attached, marked Exhibit No. 3, is the consent of all public utilities to. the vacation; 5.'.'Attached, marked Exhibit.: No. fit, is the consent of alI the ~ abutt ng property owners, except the following: (if none, so state) 6. Such alley should be vacatedbecause: and traffic is us:ing_ the alley le 1 he a s in t Y ..There .are no utlitie o respass an e a Jaen Proper - -- 7. Such alley has i~een and is being used as follows i,.' The alley has not been used in the fast and is not being used now across` rivate property to Texas Ave. exce t b traffic as a short cut P ;I P Y . I swear that all of the information contained in tfiis application is ' true and correct to the best'of my knacrled~e and belief. ~ ~ Z 7~fo ~ pPli ants Sig tune ~~6 ~. s tn~ss t f. ' . f~Q-{II3IT NO. 1 Be in .that portion of that :certain public alleg S _ V' 11a e ho in i Colle e Hills S pp g g Addition to uated .in g ~~sit the City of College Station,.3razos County. Texas, and being more particula3-ly IIII described as fol ows: • - r. Rile J tin L. ar b M ion' re aced y, s ri t e c d d See attache p p p Y R. P.L. S.'No. 4089. ,. - , .. . ~. I~ ~; _ ~~ • PT7BLIC ALLEY TO BE VACATED. 1'Alt'1' Olr COLLEGE TiII;LS T'sST~1TES STinPT'ING VILT,~GE COLLEGE STATION ' BRAZOS COUNTY, TEkAS FIELD NOTES of a tract or parcel of land lying and being situated in the J. E. Scott League, A-50, College Station,`Brazos County, Texas, and being part of he dedicated alley shown on the Recorded Plat of College Hills Estates. Shopping ;Village, said plat being. recorded in Volume 102, Page`93, of the Deed R~cords:of Brazos County, Texas, and being part of the tract of land conveyed to Joe Fontana by A. G. Pfaff in the Deed recorded in Volume 2$S, Page 285, of the Deed Records`of Brazos County, Texas, said tract being more particularly described as follows: BEGINNING at the northeast corner of the Lot 9, same being the south- east corner of he Lot 10, said point being located in ..the. southwest line of a public alley, said. point being located in the northwest line of'the Joe Fontana Tract, THENCE in a southerly. direction along the northeast lines of the Lot 9, Lot 8~Lot 7 and Lot b same being the southwest line of the public alley, for a distance~~o£ 71.20 feet to a point for corner, said...point mark- ingthe-southeast corner of the Lot 6, said point`markng the southwest corner of the dedicated a ley, said point being located in the northwest line of the Lot 5; THENCE in a northeasterly direction along the southeast line of the dedicated alley, same being the northwest. line of the Lot 5, for a dist- anca of 20.0 feet to a point for the. sou heas't corner of the dedicated alley; THENCE in a: northerly'~direction along the northeast line of, the dedicated alley for a distance of-b8.4 feet to a point for corner, said pout.being located in the northwest line of the Joe Fontana Tract, said point marking the southwest: corner of the Acme Glass Co. Tract; THENCE is a southwesterly direction across the dedicated alley and along the northwest line of the ,Joe_Fontana Tract for a. distance of 20.0 feet to the PLACE -0F BEGINNING of the herein described tract. ,f~ ~F.?F PREPARED FROM DEED DESCTtIPTIONS AND TtECORDED PLATS ~~.•arsrfq,-J- UNE, 1992 r Q~ ~ ~~': N.M~.~-~NM~NYMN~IN. MARTINN L RtLEY~l~t ,~ • ~ : 9 4089 Q' - -- •°~`Essto?~~ Mar in L. Riley, Jr., R.P.L.S. No. 0$9 sua Exhibit "A" -~ ) ~~ - Application to VacatE . `Public Alley I j ~Q-i I II i T NO. 2 I I I . The follouving is a plat or sketch of the public. alley sought Ito be vacated in the above numbered application, showing the surrounding area •'to the nearest streets in ali directions,.. abutting lots; the block or blocks in which the portion of the,~public alley sought to be vacated is situated, and the addition or additions in which the portion of the .public alley sought to be vacated is situated. `Also, the names of record: owners of the abutting lots are shrnvn. ' See attached, sketch :prepared by.Martin L..Riley, Jr., it. Pi L, S. No. 4089. I ~' ~ _ .. ~' / ` ____o ~. N 7Y ,, • . ._ ~ :~.• •I ~..~ 1 ~r I x~.: ~ .~ ,,a -~ i~ ' J ~ ~ ~ Ise '~ .~ • - i - • ~ ~ . O. • .--. ) _ +~.G y! ~ y ~ t lcil -e~ ~uY~• o~ ,~~oc.t~, .3 , •Q~ _ - ~ ~ ~~ :: r~•. {,~ ~~ ~ x~ ~ ~ • .. ~ ~_.. \ ~ ~ ~ ._ ~ ~ • _ ~ ~ ~ ~ c C~ ~ i ~ ~ ~ ~ , .~ S ~ h~•Y .~ ~. ~ ~' • ~ ~- f ~; I~ ,; ~ • y~ ._ b _. _ F .. P _~`` is ~. <? ----~. -- 4 ..j. u J Val. ~85~ l~j, 285 -_ -1• - -- -- - a ~ O ~ I Z ~ ~ ~. r _~ 1 N ~, o - ~, `t' ~ ~, ' ~ .. ~ ~ i• y t. * _., . ..Application to Vacate - Public- Alley - - _ I~Q-tit3IT NO. 3 The undersigned public utility companies, using or entitled to I +~ -use. under the terms and provisions of our respective franchises with the City '~ of College Station, that portion,of the public alley sought o b$ acated in the Application to Vacate. Public Alley above referred to, do ~ hereby consen to the vacation and abandonment of the described portion of such public alley: IL~IE STAR GAS CQvg'ANY GINII~Ai. TII.~U~I~IE CQv1PANY - Title Title ' r~,~ %~~` ter: Title _ = :, The undersigned, City t~gineer for the Gity of College Station, .certify...that I have carefully considered the Application to Vacate Public -Alley above. referred'to frcrn the standpoint..of presen `and future needs of i the City of College Statiom with respect to traffic and city utilities, .and T see no objection to the requested vacation fran the City's standpoint. ~~ Git:~ engineer ~i tt• o[ Col t~ge Station 1 ,_ ORDINANCE NO. AN ORDINANCE VACATING AND ABANDONING A PORTION OF AN ALLEYWAY LOCATED BEHIND THE COLLEGE HILLS ESTATES SHOPPING VILLAGE IN THE CITY OF COLLEGE STATION, TEXAS. WHEREAS, the City of College Station,; has received an Application for the Abandonment of a Portion`of an alleyway which crosses and lies behind the College Hills Estates Shopping Village in the City of College Station, more particularly described on Exhibit "A" attached hereto, and i WHEREAS, on August 33, 1992, the City Council of the City of College Station, Texas, heard .the application. of Joe Fontana f,or the vacation and abandonment of a portion of the alleyway which crosses and lies behind the College Hills Estate .Shopping.. Village,, as shown on the plat recorded im Volume 102, Page 93 of the Deed Records of Brazos County, Texas; NOW, THEREFORE, be it ordained by the City Council of the City of ''I College Station, Texas, that _a portion of the previously platted alleyway which crosses and lies behind the College Hills Estate: Shopping Village in the City of College Station, more partcu-- iarly described"by metes and bounds in the attached Exhibit "A", be abandoned ..and vacated;..thatthe Mayor and City Secretary be authorized to conve b it claim deed on behalf of he City of Y Y III College Stators'any right or claim which the City has in and t;a said portion of alleyway to be abandoned to Joe Fontana. PASSED, ADOPTED and APPROVED this 13th day of August, 1992. APPROVED: Mayor ATTEST: City Secretary I~~, -,_, ~. . ~ PUBLIC ALLEY ' TO BE VACATET) PATt'i' 01~' :COLLEGE TIILLS rST11TES S1TnPPTNG VTLT,~IGE COLLEGE STATION BRAZOS COUNTY, TEXAS. FIELD NOTES of a tract or parcel of and lying and being situated in the J. E. Scott League, A-SO, College Station, Brazos County, 7Cexas, and being part of the dedicated alley shown on the. Recorded Plat of College Hills Estates Shoppng;Vl age, said plat being recorded in Volume 102, Page 93, of the Deed Records of Brazos County, Texas, and being part of the tract of land conveyed to Joe Fontana by A. G. Pfaff in the Deed recorded in Volume 2,8~, Page 285, of the Deed Records of Brazos County, Texas, said tract being more particularly described as follows: BEGINNING at the northeast corner of the Lot 9, same being the south- east corner of the Lot l0, said point being located in the southwest line of a public alley, said. point being located in the northwest line of the Joe Fontana Tract; THENCE in a southerly direction along the northeast lines of the. hot 9, hot 8~Lot 7-and Lot b same being the southwest line of t;he public alley, for a distance~•of 71.20 feet to a point for corner, said point mark- ing the southeast corner of the Lot 6, said point marking the southwest corner of the dedicated 'alley, said point being located in the northwest dine of the Lot 5; THENCE. in a northeasterly direction along the southeast line of the dedicated alley, same being he northwest nine of the Lot 5, for a dist- ance of 20.0. feet to a point for the southeast corner of the dedicated alley; THENCE in a northerly direction along the northenst line of the dedicated alley forea distance of 6$.4 feet to a point for ,corner, said point being ocated in the northwest' line of the Joe Fontana Tract, said point marking the southwest. corner-of the Acme Glass Co. Tract; THENCE is a southwesterly direction across the dedicated alley and along the northwest life of the ,Toe Fontana, Tract far a distance of 20.0 feet to the PLACE OF BEGINNING or the herein described tract. T?REPARED FROM DEED T)ESCRIPTIONS AND RECORDED PLATS UNE, 19'92 • s Martin L. ..Riley, Jr., R. P.L.S. No._ 089 Exhibit ~~A,~ _.., LEGAL DEPARTMENT FILE NOTE July 31, 1992 RE: Fontana.. Abandonment Request Don Ganter called on July 30, 1992. He had received my letter regarding the abandonment and wanted to know:.what it was all about. After I explained it to him, he said he was very much against it. He thought. it was absurd. Canter said`he would be at the Council meeting to express his opinion. Jan :js js/a/9anter r ~~~ CITY 4F COLLEGE STATIOI`I ' ~ ~ Post Office Box 9960 1101 Texas Avenue ColiegeStation,Texas 77842-0960 (409) 764-3500 June.22, 1992 f 'u' Mr:' Joseph C. Fontana 1216 Munson College Station., TX 77840 RE'; Request for Alley Abandonment Dear Mr. Fontana- The City of College. Station Project Review Committee re- vewed your al ey abandonment request. The staff investigation -revealed the following:. ' 1. That the entire. alley, including that which is not shown. on the plat, has been dedicated mpledly or,expres ly. 2_ That there is an existing sewer. line located in the h° alley. 3. That solid waste collection is provided through this alley and that if it were abandoned, the trash trucks would have ~. no way to provide trash services to the other property owners be- cause he trucks could not turn around. As you are probably aware, the trucks drive through this alley. 4. Lone :Star Gas stated that there is a gas line located in no~`e~ the alley. c°~~ Even hough the City staff will recommend denial of ..your ~, request, you do have the right to have it considered by the City Council. If you so<desre, please contact Jan :Schwartz at 764-3507,. and he will place it on the agenda. Yours very.. truly, Ca Locke City Attorney CL:jls ~,,' ~ ~ _ ' ~ f ~ J~ f ~ .5. ~ ~ l ~~n e b a 's ontana 1a/f 1 CITY OF COLLEGE STATIOI`I Post Office Box 9960 1101 Texas Avenue Cailege Station, Texas 77842-9960 (409} 7643500 July 26, 1995 Mr. Joe Fontana. 1037 South Texas Avenue College Station, TX 77840 RE: Request to erect a fence along the side property line on the lot located at :L037 South Texas Avenue. Dear Sir: I ant writing to follow up ai the conversation that we had last. week regarding your intent-on to blocking an alley located across .the rear of your property. At the. time we spoke, I was vaguely aware of the City's position regarding such action and vtras not familiar with all of the details. .Since that time, I have obtained and reviewed the history of a request to abandon the alley that: was denied by the City in :1992.. At the time that. case was reviewed, such requests were handled through the Legal Department (they ai•e now handled through Engineering).. I have obtained a copy of all records pertaining to this case. If you would like a copy, please let me know. Due to the fact that the request for abandonment. was denied, the alley remains a public access drive and must remain traversable. I cannot therefore allow any obstacle within said alley. Thank you. Sincerely, ~ .~, ~~~ Sabine Kuenzel, AICP Senior Planner 7 ~(~~ `~~~ ;~ ,t, ~~ cc: Jane Kee, City Planner Veronica. Morgan, Assistant to the City Engineer :Legal Department versetgr ~~~~~ ' Interoffice Memo. To: Steve Horneyer From:. ~ .Jeffrey A. Koska, Water Superintendent.. _ ., ~._------~~-°- Dater Apri130, 1996 Subject• Porky's Property After investigating the site and discussing with you the location of the proposed .fence to be placed on the South side of the Porky's Property, I have determined that there is no conflict. with the Water/Wastewater Utilities with the construction of the aforementioned fence. From: Tony Michalsky To: City Hall . SFIOMEYER Date:. 4/29/96 3:27pm Closing the access between Porky's and Wings & More would not affect the electrical service to either property. We would still need access to the back of both property's if at`all possible. As long as there is parking in the ~' back we still have access.: Memorandum DATE: April 24, 1996 TO: Steve Homeyer, Engineering Project Manager FROM: Jon Mies, .Fire Marshal RE: Fence Blocking Access at 1037 Texas Avenue CC: David Giordano, Assistant Fire Chief The Fire Department is against the erection of a fence blocking the rear access to the properties located in the 1000 block of Texas Avenue. at this time. It is very important the this access be open during. the construction of Texas Avenue, this guarantees at least one point of access to all the businesses located h~ this stretch of Texas during the entire project. When the construction is complete, if Mr. Fontana. would like to resubmit his proposal the Fire Department would not have a problem with the fence. The main concern at that point would be the access to the Signs Now building and the Fire Lane protecting that propertyremaining unobstructed. This item was taken to Council and they denied the request for the fence along with the right-of--way abandonment, so I feel any further action on this matter should be addressed in the same manner. MEMORANDUM TO: Steve Homeyer, Engineering Project Manager FROM: Jim Smith, Sanitation Superintendent DATE: April 21, 1996 SUBJECT: Porky's We will enter the area from Walton Dr. and exit onto Texas Ave. utilizing Porky's driveway after collecting the containers at Acme Glass and Porky's. The fence at Wings N More will not have an impact on garbage callection vehicles. n~~~$ ~-,,3,~~Q,,-_SL From: Steve Homeyer ~~'"~ ' To: KLAZA Subjects Porky's Fence. I have met with Fire,.Electrcal, Water/Wastewater and Sanitatidn to get their input as to whether or not this fence would affect their services. The construction of this fence would not affect.. anyone except Fire. They named that. back access temporarily during the construction of Texas Avenue. However, they understand that Texas Avenue. will take 2+ years to construct and that the applicant is wanting the fence now. Their suggestion would be to construct the fence to the alley area leaving the back open until Texas Avenue is complete, at which time the applicant could extend the fence to the back property line. If this is not suitable to the applicant, then maybe Fire would be amenable to allowing a gate{s) to be installed across the access. These gates would be required to be left unlocked but cou d be latched to preclude the cross parking that currently exists (I have not discussed this .option with Jon). If for some reason the applicant and the City could not agree upon a solution, Jon said that he could declare this area ~ tempb~ary fire lane if necessary to provide for the necessary access. I have received all but one letter from the various departments and should receive it within the next few days. CC: Utility Services Center.TMICHALS, Police Departmen..,